Criminal liability for burglary in the Republic of Poland

Article is devoted to the nature and content of the crime under art. 279 "Theft with penetration" of the Criminal Code of the Republic of Poland. The author emphasizes that this crime is a qualified corpus delicti, which is selected taking into account the method of theft of property. The author also notes that the essence of penetration is to overcome obstacles to access to property, which is contrary to the clear will of the victim, who uses them to protect their belongings, and which must be effective and real. Such obstacles can be not only physical but also informational. The means of protection established by the owner to protect his movable property from theft will be considered effective and real even when they do not require significant physical effort, but have the appropriate knowledge, skills or means. Analyzed issues related with the content of the concept of penetration, court practice on this issue, as well as separating the main aspects which must be taken into account by the court when establishing the presence or absence of the crime. The author emphasizes that the Polish legislator did not establish a clear "framework" about the object into which penetration can occur and the fact that it is to overcome both physical and informational obstacles. As for the object that can be penetrated, the author emphasizes that the Polish legislator has not established a clear "framework" in this matter. Therefore, intrusion is considered to be intrusion into a dwelling or other premises intended for living, as well as intrusion into any other protected facility. The author also emphasizes the main aspects of the concept of theft, as the basis of the concept of theft. the concept of theft, which should be understood as taking possession of someone else's thing, which consists in removing the thing from the possession of the owner.